Michigan Company Ordered To Pay Nearly $1M For Firing Whistleblowers

The Occupational Safety and Health Administration (OSHA) recently ordered a Michigan-based asphalt company to pay nearly $1 million after it fired three workers who reportedly raised concerns about safety hazards in the workplace.

Asphalt Specialists Inc. fired two truck drivers and a foreman after they raised the issue of long shift hours to management. One of the truck drivers was fired after he refused to sign an affidavit stating that he was not forced to work longer than the maximum number of hours set forth by OSHA. The other two workers were fired shortly after as well.

The three whistle-blowing workers claim they were not given the proper 10-hour break between shifts -- a law passed to prevent fatigue-related injuries. When the men brought these concerns to management, they were fired. Transportation companies must provide workers with a minimum 10-hour rest period between shifts. The men fired by Asphalt Specialists Inc. claim they were forced to work long hours without this break period; thus, placing both them and the general public at a greater risk for injury.

OSHA is now ordering Asphalt Specialists Inc. to pay a total of $953,916 in damages, $243,916 of which is for back wages to the drivers, $110,000 in compensatory damages, and an additional $600,000 in punitive damages. In addition to paying nearly $1 million, the Michigan-based asphalt company is also ordered to rehire the three workers.

The Surface Transportation Assistance Act of 1982 makes it illegal for employers to fire, discipline, or otherwise punish workers for blowing the whistle on safety concerns or federal regulations regarding the minimum 10-hour rest period mandated between shifts.

"It is illegal for an employer to retaliate against employees who report work-related safety concerns or violations of federal transportation regulations, which require drivers to have a minimum 10-hour rest period between shifts," Davide Michaels, assistant Secretary of Labor for OSHA, said in a written statement today. "OSHA is committed to protecting workers from retaliation for exercising basic worker rights."

Of course, this isn't the first time workers have been fired for blowing the whistle on safety concerns. Dozens of companies are cited each year for similar violations. Slapping a $1 million order on companies who fail to provide breaks for their workers, however, may encourage others to follow OSHA standards.

Do you feel Asphalt Specialists Inc. was justified in firing the workers? Let us know your opinion in the comments section below!